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CONTENTS.
CHAPTER I. THE SCIENCE OF JURISPEUDENCB.
PAGE
§ 1. Jurisprudence as the Science of Law 1 § 2. Jurisprudence as the Science of Civil Law 3 § 3. Theoretical Jurisprudence - 4 § 4. English and Foreign Jurisprudence 8
CHAPTER II. THE LAW.
§ 5. The Definition of Law 1 1 § 6. The Administration of Justice 1 3 § 7. Law is logically subsequent to the Administration
of Justice 15
§ 8. Law and Fact 18
§ 9. The Justification of the Law 23
§ 10. The Defects of the Law 28
CHAPTER III. THE LAW (CONTINUED).
§ 11. Common Law and Special Law 36
§ 12. The Kinds of Special Law - 37
§ 13. An Objection Considered 42
§ 14. Other Uses of the Term Common Law - 43
§ 15. Law and Equity 46
§ 16. The Imperative Theory of Law - 52
§ 17. Defects of the Imperative Theory 55
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PAGE.
Till CONTENTS.
CHAPTER IV. THE ADMINISTEATION OF JUSTICE.
§ 18. Necessity of the Administration of Justice- 62
§ 19. Origin of the Administration of Justice 65
§ 20. Civil and Criminal Justice 68
§ 21. The Purposes of Criminal Justice : Deterrent Punishment 71
§ 22. Preventive Punishment 71
§ 23. Eeformative Punishment 72
§ 24. Retributive Punishment 77
§ 25. The Relation between Criminal and Public
Wrongs 82
§ 26. Civil Justice : Primary and Sanctioning Rights 86
§ 27. The Kinds of Sanctioning Rights 87
§ 28. A Table of Legal Remedies 91
§ 29. Penal and Remedial Proceedings 91
§ 30. Secondary Functions of Courts of Law
CHAPTER V. THE SOURCES OF THE LAW.
§ 31. Formal and Material Sources
§ 32. Legal and Historical Sources
§ 33. A List of Legal Sources
§ 34. The Sources of Law as Constitutive and Abrogative
§ 35. Sources of Law and Sources of Rights
§ 36. Ultimate Legal Principles
CHAPTER VL
LEGISLATION.
§ 37. The Nature of Legislation
§38. Supreme and Subordinate Legislation -
§ 39. Relation of Legislation to other Sources
§ 40. Codification
§ 41. The Interpretation of Enacted Law
CHAPTER VII.
CUSTOM.
PAGE. § 42. The Early Importance of Customary Law -
§ 43. Reasons for the Reception of Customary Law
§ 44. Kinds of Customs
§ 45. The Requisites of a Valid Custom
§ 46. The Disappearance of Customary Law
§ 47. Conventional Custom
§ 48. Theories of Customary Law
§ 49. Custom and Prescription
CHAPTER VIIL
PEECBDENT.
§ 50. The Authority of Precedents
§ 51. Declaratory and Original Precedents
§ 52. Authoritative and Persuasive Precedents
§ 53. The Absolute and Conditional Authority of Prece- dents -
§ 54. The Disregard of a Precedent
§ 55. Precedents Constitutive, not Abrogative
§ 56. Grounds of the Authority of Precedents
§ 57. The Sources of Judicial Principles
§ 58. Respective Functions of Judges and Juries -
CHAPTER IX. THE STATE.
§ 59. The Nature and Essential Functions of the State
§ 60. Secondary Functions of the State
§ 61. The Territory of the State
§ 62. The Membership of the State
§ 63. The Constitution of the State
§ 64. Constitutional Law and Constitutional Fact
§ 65. The Government of the State
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CONTENTS.
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§ 66. Independent and Dependent States
§ 67. Fully Sovereign and Semi-sovereign States
§ 68. Unitary and Composite States
§ 69. Imperial and Federal States
CHAPTER X. LEGAL EIGHTS.
§ 70. Wrongs
§ 71. Duties
§ 72. Eights
§ 73. The Elements of a Legal Right
§ 74. Legal Rights in a wider sense of the term
§ 75. Liberties
§ 76. Powers
§ 77. Immunities
§ 78. Duties, Disabilities, and Liabilities
CHAPTER XL
THE KINDS OF LEGAL EIGHIS.
§ 79. Perfect and Imperfect Rights
§ 80. The Legal Nature of Rights against the State
I 81. Positive and Negative Rights
§ 82. Real and Personal Rights
§ 83. Proprietary and Personal Rights
§ 84. Rights of Ownership and Encumbrances
§ 85. Principal and Accessory Rights -
§ 86. Legal and Equitable Rights
CHAPTER XIL
OVTNEESHIP.
§ 87. The Definition of Ownership
§ 88. Corporeal and Incorporeal Ownership
§ 89. Corporeal and Incorporeal Things
§ 90. Sole Ownership and Co-ownership
